WILLIAMSON COUNTY, Texas – The alternative suspect in the Greg Kelley sex assault case is refusing to provide the pass code to his cell phone and stalling the investigation, Kelley’s attorney says.
A brief hearing was held Tuesday in the Johnathan McCarty case, but the cell phone was not discussed in open court. Instead, Williamson County prosecutors and McCarty’s attorneys talked behind the scenes, trying to work out if or when he will give up the code. KVUE and the Austin American-Statesman have learned a judge has signed both a search warrant and a court order for McCarty’s phone, but that so far he has not provided that information.
A judge may hold McCarty in contempt of court for not complying with the court order. Police want to know whether McCarty’s cell phone may have evidence tying him to the sexual assault. Court records provided to KVUE and the Statesman by Kelley’s lawyer say photographs of nude children have previously been found on both McCarty’s cell phone and computer.
McCarty has been in the Williamson County Jail since May 25 on a probation violation on drug charges, but he is being held on $450,000 bond while the investigation continues. Kelley was convicted of sexually assaulting a boy in 2014 and was sentenced to 25 years in prison. A hearing is set for August, during which Kelley will try to have his conviction overturned.
KVUE and the Statesman have asked McCarty’s lawyer specifically about his cell phone passcode, but they said they could not comment because court records about the issue have been sealed.